A US District Court has rejected Apple’s request to issue a preliminary injunction against Amazon’s use of the term ‘Appstore’ for its Android mobile applications store.
Judge Phyllis Hamilton of the US District Court for Northern California refused Apple’s request on the grounds that the company had failed to give proof that Amazon’s use of the term will confuse customers.
Apple has long contested that it alone has the right to use the term App Store, as it was its iTunes App Store that coined the term, which has now come to depict online stores that offer mobile applications for download.
“The court finds that Apple has not established a likelihood of success on its dilution claim. First, Apple has not established that its 'App Store' mark is famous, in the sense of being 'prominent' and 'renowned.',” the Judge ruled.
However, she also stated that the court does not completely agree with Amazon’s claims of the term being purely generic. The Judge has set a date in October 2012 for the trial.
Microsoft has also started a campaign to prevent Apple from trademarking the term ‘App Store’ while other rivals like Sony Ericsson, Nokia and HTC have moved to get Apple’s European trademark declared invalid.